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Planning Commission - 08/14/2006 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 14, 2006 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Jon Duckstad, John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig, Rocheford, and Seymour. II. APPROVAL OF AGENDA MOTION by Stoltz, seconded by Kirk, to approve the agenda. Motion carried 6-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON JULY 24, 2006 Powell pointed out that on page 3,paragraph 6, in the first sentence if should be "Flying Cloud Dog Park" and not"the other park at Cleary Lake". He also stated that on page 3, paragraph 8, in the first summarized issue, second sentence, it should read, "Is it a good investment for the Park District". The last change Powell had was on page 8,paragraph 7, the fifth sentence should read, "Powell said that if the Commission is asking for a 100' setback than we should be able to ask for a 30' setback. MOTION by Stoltz, seconded by Pitzrick, to approve the minutes. Motion carried 5-0. Kirk abstained. IV. PUBLIC MEETING V. INFORMATIONAL MEETING Planning Commission Minutes August 14, 2006 Page 2 VI. PUBLIC HEARINGS A. OAK CREEK AT HENNEPIN VILLAGE by Hennepin Village Limited Partnership. Request for: Guide Plan Change from Public Open Space to Medium Density Residential on 3.1 acres and from Medium Density Residential to Public Open Space on 3.2 acres; Planned Unit Development Concept Review on 73.7 acres; Planned Unit Development District Review on 73.7 acres; Zoning District Change from Rural to R1-9.5 on 18.74 acres; Zoning District change from Rural to R1-13.5 on 2.0 acres; Preliminary Plat of 73.7 acres into 96 lots and six outlots. The Developer is requesting a continuance to the October 9, 2006 Meeting. MOTION by Stoltz, seconded by Kirk, to continue request to the October 9, 2006 meeting. Motion carried 6-0. B. WILLIAM SMALL PROPERTY by Pemtom Land Company. Request for: Zoning District Change from Rural to R1-13.5 on 5.01 acres; Preliminary Plat of 5.01 acres into 9 lots and road right-of-way. The Developer is requesting a continuance to the October 9, 2006 meeting. MOTION by Stoltz, seconded by Pitzrick, to continue request to the October 9, 2006 meeting. Motion carried 6-0. C. VARIANCE#2006-10 by Lecy Brothers Homes. Request for: To permit a front yard setback of 35 feet. Location is at 18146 Bearpath Trail. Mr. Mark Lecy presented the proposal. He stated that they are proposing to build this home in Bearpath,but need the variance request to save a mature tree that is located on the property. He pointed out that this variance request is not atypical; the home to the west of this property has a huge oak tree in front of it and the homeowners were granted a variance request in order to save the tree. Stoelting asked Franzen to review the staff report. Franzen stated that a lot of the homes in Bearpath have various setbacks in order to save the old trees in the area. He pointed out that the granting of a variance request such as this one would not be out of character in the Bearpath area. Stoelting opened the meeting up for public input. There was no input. Powell asked if there were comments from the adjacent neighbors. Mr. Lecy said that the neighbors to the west said they supported this project at the Bearpath Planning Commission Minutes August 14, 2006 Page 3 Architectural Meeting. Powell asked if the neighbors to the east had any comments. Mr. Lecy stated that he has not heard of anything from the neighbors to the east. Stoelting asked Fox if he approved of the position of the home in relationship to the tree. Fox stated that he does approve of the position of the home in relationship to the tree. He illustrated the position of the tree in relationship to the home using the overhead projector. He also pointed out that regardless of approval of this variance, the oak tree would need to be trimmed. He pointed out that the tree is on a pedestal and he was unsure how much grading would be done with this project, which, in turn, could affect the health of the tree. Mr. Lecy stated that they do not plan on changing the grade of the home. Stoltz asked Fox if the tree would be okay with any type of grading done to it. Fox stated that the tree is in good condition and can tolerate some grading. He pointed out that what can impact the tree is construction vehicles driving over it or supplies being placed on it. Fox said as long as the contractor follows proper procedure, the tree should be fine. MOTION by Powell, seconded by Stoltz, to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Stoltz, to approve the front yard setback of 35 feet based on plans stamped dated July 7, 2006, and the staff report dated August 11, 2006. Motion carried 6-0. D. MITCHELL CROSSING by Henry Lazniarz. Request for: Planned Unit Development Concept Review on 3.098 acres; Planned Unit Development District Review on 3.098 acres; Zoning District Amendment in the Community Commercial Zoning District on 3.098 acres; Site Plan review on 3.098 acres; Preliminary Plat of 3.098 acres into one lot and one outlot. Location is east of Mitchell Road and north of Highway 5. Tom Goodrum, representing Henry Lazniarz, presented the proposal. He started out by stating that this has been a vacant piece of property for many years and that their goal is to bring a residential and a commercial site together in this parcel of land. There would also be an open space between the two buildings that could be utilized by the tenants and commercial guests. He illustrated this project using the overhead projector, and showed where all the waivers would be located. He also pointed out where the parking would be located. There is underground parking in both buildings and parking to the east of this project Mr. Goodrum stated that they could proceed with the project without the waivers but that it would be a very tight fit for both residents and commercial visitors. He felt that the waivers would allow for more room in the project. Planning Commission Minutes August 14, 2006 Page 4 Powell asked if the land on the other side of Cochran Road was swamp land and asked if it will be developed in the future. Fox stated that parcel of land is City owned. Powell asked Mr. Goodrum to describe the sidewalk setback. Mr. Goodrum illustrated the sidewalk setback using the overhead projector. He stated that there is 40 feet of unused right of way by Mitchell Road. Stoelting asked Franzen to review the staff report. Franzen stated that the Staff recommends approval based on conditions listed on page 3 and 4 of the staff report. Powell asked if that large of a right of way on this project is common. Gray stated that this is a larger than normal right of way, but that this project was originally a MNDot project, which allowed for more of a right of way. Stoelting opened the meeting up for public input. There was no input. Pitzrick stated that he liked the design of the project and that it put a lot of value into the land. Kirk asked Mr. Goodrum if he had any pictures illustrating the elevation of the project. Mr. Goodrum showed illustrations of the elevation using the overhead projector. He stated that they are asking for more height to the building for architectural appeal. Kirk stated that the request of the sign on the building is of concern. Franzen stated that the project proponent has been informed that Staff will not support the sign on the building. Kirk asked about the selling prospects of the property. Mr. Goodrum stated that the interest in the property has been very positive. Stoeltz asked who would enforce the movement of trucks into the area. Franzen stated that the owner of the building would enforce the movement of trucks into the area and that is should be clearly laid out to the residents and commercial owners. Mr. Goodrum pointed out where the delivery activity would take place and stated that they would be sensitive to the tenants in regards to delivery. Kirk stated that he is concerned about the hours of delivery. Mr. Goodrum stated that delivery would occur in the mornings before the business's open or in the evenings after they close. He also pointed out that there would be an association to address the needs of the residents. Powell asked if the level of the parking lot will be the same level as the parking lot in the gas station across the street. Mr. Goodrum stated that it would be the same level. Stoelting asked Franzen to address the sign issue if it is as the same level. Franzen stated that there would be a very narrow view shed that can be viewed by cars driving by. He pointed out that the retail area would be lower than Mitchell Road. Stoelting asked if the project proponent would have to come back Planning Commission Minutes August 14, 2006 Page 5 for a variance request for signage. Franzen stated yes. Stoelting stated that the approval would be for the four variances presented this evening and asked if Commission members were comfortable with the requests. Kirk stated that he is marginal on the height issue but that the project has other benefits which he would support. MOTION by Pitzrick, seconded by Stoltz, to close the public hearing. Motion carried 6-0. MOTION by Pitzrick, seconded by Stoltz, to approve the Planned Unit Development Concept Review on 3.098 acres; Planned Unit Development District Review on 3.098 acres; Zoning District Amendment in the Community Commercial Zoning District on 3.098 acres; Preliminary Plat of 3.098 acres into one lot and one outlot and Site Plan Review on 3.098 acres based on plans stamped dated August 11, 2006, and the staff reports dated August 11, 2006. Motion carried 6-0. E. MCDONALD'S RESTAURANT by Wilkus Architects. Request for: Planned Unit Development Concept Review on 1.07 acres; Planned Unit Development District Review on 1.07 acres; Zoning District Change from I-2 to Office on 10.36 acres; Site Plan Review on 1.07 acres. Location is east of Highway 212 and north of Prairie Center Drive. Jeff Rapp, of Wilkus Architects,presented the proposal. He stated that what they are proposing is an upgrade of the existing building. They would like to extensively remodel the exterior of the building and place new signage on the building. Stoelting asked Franzen to review the staff report. Franzen stated the staff recommends approval of this project based on page 2 and 3 of the staff report. Stoelting asked Mr. Rapp to illustrate the signage, utilizing the overhead projector. Mr. Rapp illustrated the signage and pointed out that the reason it appears so large is due to the arch. Stoelting asked Franzen to explain this concept. Franzen stated that they want to add 138' to the sign and pointed out that it measures larger than it looks visually. Stoelting opened the meeting up for public input. A representative from the Wilkus Architects came forward and stated that they want to use this sign as a signature element versus just signage. Stoelting asked Mr. Rapp if the monument sign would be altered. Mr. Rapp said that it would not. Kirk stated that this is a good usage of the signage variance. Planning Commission Minutes August 14, 2006 Page 6 MOTION by Kirk, seconded by Stoltz, to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Stoltz, to approve Planned Unit Development Concept Review on 1.07 acres; Planned Unit Development District Review on 1.07 acres; and Site Plan Review on 1.07 acres based on plans stamped dated august 11, 2006, and the staff report dated August 11, 2006. Motion carried 6-0. VII. PLANNERS' REPORTS A. SOUTHWEST METRO BUS GARAGE UPDATE Franzen reported on the update to the Southwest Metro Bus Garage. He stated that the solution is to expand the western side of the building and that no variances are required to do this. He stated that the proposed changes can be addressed by the representatives of the Southwest Metro Bus Garage. A short presentation was made by the representatives. Powell asked the representative if this was to be the final development to this site. The representative stated that is would probably not be the final development to this site. Powell asked if they were concerned with storm water drainage. The representative stated that they were, and hence the large NURF pond on the area to accommodate storm water. He pointed out that if further expansion is considered, then other storm water designs would have to be implemented. MOTION by Stoltz, seconded by Kirk, to approve the revised Southwest Metro plan for a 14,500 square foot enlargement of the existing building. Motion carried 6-0. IX. MEMBERS REPORTS X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION by Stoltz, seconded by Kirk, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting adjourned at 8:30 p.m.